57
Chapter 252)
58
63C-4a-203, (Renumbered from 63C-4-102, as last amended by Laws of Utah 2012,
59
Chapters 324 and 377)
60
63C-4a-303, (Renumbered from 63C-4-106, as last amended by Laws of Utah 2012,
61
Chapter 369)
62
63C-4a-304, (Renumbered from 63C-4-107, as enacted by Laws of Utah 2011, Chapter
63
252)
64
63C-4a-305, (Renumbered from 63C-4-108, as enacted by Laws of Utah 2011, Chapter
65
252)
66
63C-4a-402, (Renumbered from 63C-4-103, as last amended by Laws of Utah 2012,
67
Chapter 324)
68
63C-4a-403, (Renumbered from 63C-4-104, as last amended by Laws of Utah 2011,
69
Chapter 252)
70
Uncodified Material Affected:
71
ENACTS UNCODIFIED MATERIAL
72
73
Be it enacted by the Legislature of the state of Utah:
74
Section 1.
Section
53C-3-203
is amended to read:
75
53C-3-203. Land Exchange Distribution Account.
76
(1) As used in this section, "account" means the Land Exchange Distribution Account
77
created in Subsection (2)(a).
78
(2) (a) There is created within the General Fund a restricted account known as the Land
79
Exchange Distribution Account.
80
(b) The account shall consist of revenue deposited in the account as required by
81
Section
53C-3-202
.
82
(3) (a) The state treasurer shall invest money in the account according to Title 51,
83
Chapter 7, State Money Management Act.
84
(b) The Division of Finance shall deposit interest or other earnings derived from
85
investment of account money into the General Fund.
86
(4) The Legislature shall annually appropriate from the account in the following order:
87
(a) $1,000,000 to the Constitutional Defense Restricted Account created in Section

88
[
63C-4-103
]
63C-4a-402
; and
89
(b) from the deposits to the account remaining after the appropriation in Subsection
90
(4)(a), the following amounts:
91
(i) 55% of the deposits to counties in amounts proportionate to the amounts of mineral
92
revenue generated from the acquired land, exchanged land, acquired mineral interests, or
93
exchanged mineral interests located in each county, to be used to mitigate the impacts caused
94
by mineral development;
95
(ii) 25% of the deposits to counties in amounts proportionate to the total surface and
96
mineral acreage within each county that was conveyed to the United States under the agreement
97
or an exchange, to be used to mitigate the loss of mineral development opportunities resulting
98
from the agreement or exchange;
99
(iii) 1.68% of the deposits to the State Board of Education, to be used for education
100
research and experimentation in the use of staff and facilities designed to improve the quality
101
of education in Utah;
102
(iv) 1.66% of the deposits to the Geological Survey, to be used for natural resources
103
development in the state;
104
(v) 1.66% of the deposits to the Water Research Laboratory at Utah State University, to
105
be used for water development in the state;
106
(vi) 11% of the deposits to the Constitutional Defense Restricted Account created in
107
Section [
63C-4-103
]
63C-4a-402
;
108
(vii) 1% of the deposits to the Geological Survey, to be used for test wells, other
109
hydrologic studies, and air quality monitoring in the West Desert; and
110
(viii) 3% of the deposits to the Permanent Community Impact Fund created in Section
111
35A-8-303
, to be used for grants to political subdivisions of the state to mitigate the impacts
112
resulting from the development or use of school and institutional trust lands.
113
(5) The administration shall make recommendations to the Permanent Community
114
Impact Fund Board for its consideration when awarding the grants described in Subsection
115
(4)(b)(viii).
116
Section 2.
Section
63C-4a-101
is enacted to read:
117

CHAPTER 4a. CONSTITUTIONAL AND FEDERALISM DEFENSE ACT

118

Part 1. General Provisions

119
63C-4a-101. Title.
120
(1) This chapter is known as the "Constitutional and Federalism Defense Act."
121
(2) This part is known as "General Provisions."
122
Section 3.
Section
63C-4a-102
is enacted to read:
123
63C-4a-102. Definitions.
124
As used in this chapter:
125
(1) "Account" means the Constitutional Defense Restricted Account, created in Section
126
63C-4a-402
.
127
(2) "Commission" means the Commission on Federalism, created in Section
128
63C-4a-302
.
129
(3) "Constitutional defense plan" means a plan that outlines actions and expenditures to
130
fulfill the duties of the commission and the council.
131
(4) "Council" means the Constitutional Defense Council, created in Section
132
63C-4a-202
.
133
(5) "Federal governmental entity" means:
134
(a) the president of the United States;
135
(b) the United States Congress;
136
(c) a United States agency; or
137
(d) an employee or official appointed by the president of the United States.
138
(6) "Federal law" means:
139
(a) an executive order by the president of the United States;
140
(b) a statute passed by the United States Congress;
141
(c) a regulation adopted by a United States agency; or
142
(d) a policy statement, order, guidance, or action by:
143
(i) a United States agency; or
144
(ii) an employee or official appointed by the president of the United States.
145
(7) "R.S. 2477" means Revised Statute 2477, codified as 43 U.S.C. Section 932.
146
(8) "R.S. 2477 plan" means a guiding document that:
147
(a) is developed jointly by the Utah Association of Counties and the state;
148
(b) is approved by the council; and
149
(c) presents the broad framework of a proposed working relationship between the state

150
and participating counties collectively for the purpose of asserting, defending, or litigating state
151
and local government rights under R.S. 2477.
152
(9) "United States agency" means a department, agency, authority, commission,
153
council, board, office, bureau, or other administrative unit of the executive branch of the
154
United States government.
155
Section 4.
Section
63C-4a-103
, which is renumbered from Section 63C-4-105 is
156
renumbered and amended to read:
157
[63C-4-105]. 63C-4a-103. Policy for public lands within the state.
158
[(1)] It is the policy of the state to claim and preserve by lawful means the rights of the
159
state and its citizens to determine and affect the disposition and use of federal lands within the
160
state as those rights are granted by the United States Constitution, the Utah Enabling Act, and
161
other applicable law.
162
[(2) The Constitutional Defense Council shall study, formulate, and recommend
163
appropriate legal strategies and arguments to further this policy.]
164
Section 5.
Section
63C-4a-201
is enacted to read:
165

Part 2. Constitutional Defense Council

166
63C-4a-201. Title.
167
This part is known as "Constitutional Defense Council."
168
Section 6.
Section
63C-4a-202
, which is renumbered from Section 63C-4-101 is
169
renumbered and amended to read:
170
[63C-4-101]. 63C-4a-202. Creation of Constitutional Defense Council --
171
Membership -- Vacancies -- Meetings -- Staff -- Reports -- Per diem, travel expenses, and
172
funding.
173
(1) There is created the Constitutional Defense Council.
174
(2) (a) The council shall consist of the following members:
175
(i) the governor or the lieutenant governor, who shall serve as chair of the council;
176
(ii) the president of the Senate or the president of the Senate's designee who shall serve
177
as vice chair of the council;
178
(iii) the speaker of the House or the speaker of the House's designee who shall serve as
179
vice chair of the council;
180
(iv) another member of the House, appointed by the speaker of the House;

181
[(iv)] (v) the minority leader of the Senate or the minority leader of the Senate's
182
designee;
183
[(v)] (vi) the minority leader of the House or the minority leader of the House's
184
designee;
185
[(vi)] (vii) the attorney general or the attorney general's designee, who shall be one of
186
the attorney general's appointees, not a current career service employee;
187
[(vii)] (viii) the director of the School and Institutional Trust Lands Administration;
188
[(viii)] (ix) four elected county commissioners, county council members, or county
189
executives from different counties who are selected by the Utah Association of Counties, at
190
least one of whom shall be from a county of the first or second class;
191
[(ix)] (x) the executive director of the Department of Natural Resources, who may not
192
vote;
193
[(x)] (xi) the commissioner of the Department of Agriculture and Food, who may not
194
vote;
195
[(xi)] (xii) the director of the Governor's Office of Economic Development, who may
196
not vote; and
197
[(xii)] (xiii) two elected county commissioners, county council members, or county
198
executives from different counties appointed by the Utah Association of Counties, who may
199
not vote.
200
(b) The council vice chairs shall conduct a council meeting in the absence of the chair.
201
(c) If both the governor and the lieutenant governor are absent from a meeting of the
202
council, the governor may designate a person to attend the meeting solely for the purpose of
203
casting a vote on any matter on the governor's behalf.
204
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
205
appointed for the unexpired term in the same manner as the original appointment.
206
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), the council shall meet at least
207
monthly or more frequently as needed.
208
(ii) The council need not meet monthly if the chair, after polling the members,
209
determines that a majority of the members do not wish to meet.
210
(b) The governor or any six members of the council may call a meeting of the council.
211
(c) Before calling a meeting, the governor or council members shall solicit items for

212
the agenda from other members of the council.
213
(d) (i) The council shall require that any entity, other than the commission, that
214
receives money from the Constitutional Defense Restricted Account provide financial reports
215
and litigation reports to the council.
216
(ii) Nothing in this Subsection (4)(d) prohibits the council from closing a meeting
217
under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from
218
complying with Title 63G, Chapter 2, Government Records Access and Management Act.
219
(e) A majority of the voting membership on the council is required for a quorum to
220
conduct council business. A majority vote of the quorum is required for any action taken by
221
the council.
222
(5) (a) The Office of the Attorney General shall advise[: (i)] the council[; and].
223
[(ii) the Federalism Subcommittee.]
224
(b) The Public Lands Policy Coordinating Office shall provide staff assistance for
225
meetings of the council [and Federalism Subcommittee].
226
(6) A member of the council may not receive compensation or benefits for the
227
member's service, but may receive per diem and travel expenses in accordance with:
228
(a) Section
63A-3-106
;
229
(b) Section
63A-3-107
; and
230
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
231
63A-3-107
.
232
[(7) (a) The council and Federalism Subcommittee shall be funded from the
233
Constitutional Defense Restricted Account created in Section
63C-4-103
.]
234
[(b)] (7) Money appropriated for or received by the council may be expended by the
235
governor in consultation with the council.
236
[(8) (a) There is created a Federalism Subcommittee of the council.]
237
[(b) The subcommittee shall consist of members listed in Subsections (2)(a)(i) through
238
(vi).]
239
[(c) (i) The governor or the lieutenant governor shall serve as chair of the
240
subcommittee.]
241
[(ii) The council vice chair shall conduct a subcommittee meeting in the absence of the
242
chair.]

243
Section 7.
Section
63C-4a-203
, which is renumbered from Section 63C-4-102 is
244
renumbered and amended to read:
245
[63C-4-102]. 63C-4a-203. Duties of Constitutional Defense Council.
246
(1) The Constitutional Defense Council [is a council to] shall assist the governor and
247
the Legislature on the following types of issues:
248
(a) the constitutionality of federal mandates;
249
(b) when making recommendations to challenge the federal mandates and regulations
250
described in Subsections (1)(f)(i) through (v), the rationale for and effectiveness of those
251
federal mandates or regulations;
252
(c) legal and policy issues surrounding state and local government rights under R.S.
253
2477;
254
(d) legal issues relating to the rights of the School and Institutional Trust Lands
255
Administration and its beneficiaries;
256
(e) a disagreement with another state regarding the use or ownership of water; and
257
(f) the advisability, feasibility, estimated cost, and likelihood of success of challenging:
258
(i) federal court rulings that:
259
(A) hinder the management of the state's prison system and place undue financial
260
hardship on the state's taxpayers;
261
(B) impact a power or a right reserved to the state or its citizens by the United States
262
Constitution, Amendment IX or X; or
263
(C) expand or grant a power to the United States government beyond the limited,
264
enumerated powers granted by the United States Constitution;
265
(ii) federal laws or regulations that reduce or negate water rights or the rights of owners
266
of private property, or the rights and interest of state and local governments, including
267
sovereignty interests and the power to provide for the health, safety, and welfare, and promote
268
the prosperity of their inhabitants;
269
(iii) conflicting federal regulations or policies in land management on federal land;
270
(iv) federal intervention that would damage the state's mining, timber, [and] or
271
ranching industries;
272
(v) the authority of the Environmental Protection Agency and Congress to mandate
273
local air quality standards and penalties; and

274
(vi) other issues that are relevant to this Subsection (1).
275
(2) The council shall:
276
(a) provide advice to the governor, state planning coordinator, and the public lands
277
policy coordinator concerning coordination of:
278
(i) state and local government rights under R.S. 2477; and
279
(ii) other public lands issues;
280
(b) approve a plan for R.S. 2477 rights developed in accordance with Section
281
[
63C-4-104
; and]
63C-4a-403
;
282
(c) review, at least quarterly:
283
(i) financial statements concerning implementation of the plan for R.S. 2477 rights;
284
and
285
(ii) financial and other reports from the Public Lands Policy Coordinating Office
286
concerning its activities[.]; and
287
(d) study, formulate, and recommend appropriate legal strategies and arguments to
288
further the policy described in Section
63C-4a-103
.
289
(3) The council chair may require the attorney general or a designee to provide
290
testimony on potential legal actions that would enhance the state's sovereignty or authority on
291
issues affecting Utah and the well-being of its citizens.
292
(4) The council chair may direct the attorney general to initiate and prosecute any
293
action that the council determines will further its purposes, including an action described in
294
Section
67-5-29
.
295
(5) (a) Subject to the provisions of this section, the council may select and employ
296
attorneys to implement the purposes and duties of the council.
297
(b) The council chair may, in consultation with the council, direct any council attorney
298
in any manner considered appropriate by the attorney general to best serve the purposes of the
299
council.
300
(c) The attorney general shall negotiate a contract for services with any attorney
301
selected and approved for employment under this section.
302
(6) The council chair may, only with the concurrence of the council, review and
303
approve all claims for payments for:
304
(a) legal services that are submitted to the council;

305
(b) an action filed in accordance with Section
67-5-29
; and
306
(c) costs related to a constitutional defense plan approved in accordance with Section
307
[
63C-4-104
]
63C-4a-403
that are submitted by:
308
(i) the Public Lands Policy Coordinating Office;
309
(ii) the School and Institutional Trust Lands Administration; or
310
(iii) the Office of the Attorney General.
311
(7) (a) [Within five business days' notice, the] The council chair may, with the
312
concurrence of the council, order the attorney general or an attorney employed by the council to
313
cease work [to] that may be charged to the fund.
314
(b) The attorney general or other attorney subject to the order shall comply with the
315
order no later than five business days after the day on which the order is given.
316
(8) (a) At least 20 calendar days before the state submits comments on the draft
317
environmental impact statement or environmental assessment for a proposed land management
318
plan of any federal land management agency, the governor shall make those documents
319
available to:
320
(i) members of the council; and
321
(ii) any county executive, county council member, or county commissioner of a county
322
that is covered by the management plan and that has established formal cooperating agency
323
status with the relevant federal land management agency regarding the proposed plan.
324
(b) (i) [Council members or local government officials receiving] A council member or
325
local government official who receives the documents described in Subsection (8)(a) may make
326
recommendations to the governor or the governor's designee concerning changes to the
327
documents before [they] the documents are submitted to the federal land management agency.
328
(ii) [Council members or local government officials] A council member or local
329
government official shall submit recommendations to the governor or the governor's designee
330
no later than 10 calendar days after [receiving] the day on which the council member or local
331
government official receives the documents [under] described in Subsection (8)(a).
332
(c) Documents transmitted or received under this Subsection (8) are drafts and are
333
protected records [pursuant to] under Subsection
63G-2-305
(21).
334
(9) The council shall submit a report on December 1 of each year to each legislator by
335
electronic mail that summarizes the council's activities [to each legislator].

336
Section 8.
Section
63C-4a-301
is enacted to read:
337

Part 3. Commission on Federalism

338
63C-4a-301. Title.
339
This part is known as "Commission on Federalism."
340
Section 9.
Section
63C-4a-302
is enacted to read:
341
63C-4a-302. Creation of Commission on Federalism -- Membership meetings --
342
Staff -- Expenses.
343
(1) There is created the Commission on Federalism, comprised of the following seven
344
members:
345
(a) the president of the Senate or the president of the Senate's designee who shall serve
346
as cochair of the commission;
347
(b) another member of the Senate, appointed by the president of the Senate;
348
(c) the speaker of the House or the speaker of the House's designee who shall serve as
349
cochair of the commission;
350
(d) two other members of the House, appointed by the speaker of the House;
351
(e) the minority leader of the Senate or the minority leader of the Senate's designee;
352
and
353
(f) the minority leader of the House or the minority leader of the House's designee.
354
(2) (a) A majority of the members of the commission constitute a quorum of the
355
commission.
356
(b) Action by a majority of the members of a quorum constitutes action by the
357
commission.
358
(3) The commission shall meet six times each year, unless additional meetings are
359
approved by the Legislative Management Committee.
360
(4) The Office of Legislative Research and General Counsel shall provide staff support
361
to the commission.
362
(5) Salary and expenses of a member of the commission shall be paid in accordance
363
with Section
36-2-2
and Legislative Joint Rules, Title 5, Chapter 3, Expense and Mileage
364
Reimbursement for Authorized Legislative Meetings, Special Sessions, and Veto Override
365
Sessions.
366
(6) Nothing in this section prohibits the commission from closing a meeting under

367
Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the commission from
368
complying with Title 63G, Chapter 2, Government Records Access and Management Act.
369
Section 10.
Section
63C-4a-303
, which is renumbered from Section 63C-4-106 is
370
renumbered and amended to read:
371
[63C-4-106]. 63C-4a-303. Duties of Commission on Federalism.
372
[(1) As used in this chapter:]
373
[(a) "Federal governmental entity" means:]
374
[(i) the President of the United States;]
375
[(ii) the United States Congress;]
376
[(iii) a United States agency; or]
377
[(iv) an employee or official appointed by the President of the United States.]
378
[(b) "Federal law" means:]
379
[(i) an executive order by the President of the United States;]
380
[(ii) a statute passed by the United States Congress;]
381
[(iii) a regulation adopted by a United States agency; or]
382
[(iv) a policy statement, guidance, or action by:]
383
[(A) a United States agency; or]
384
[(B) an employee or official appointed by the President of the United States.]
385
[(c) "United States agency" means a department, agency, authority, commission,
386
council, board, office, bureau, or other administrative unit of the executive branch of the
387
United States government.]
388
[(2)] (1) In accordance with Section [
63C-4-107
]
63C-4a-304
, the [Federalism
389
Subcommittee shall] commission may evaluate a federal law:
390
(a) as agreed by a majority of the commission; or
391
(b) submitted to the [Federalism Subcommittee] commission by a council member.
392
[(3)] (2) The [Federalism Subcommittee] commission may request information
393
regarding a federal law under evaluation from a United States Senator or representative elected
394
from the state.
395
[(4)] (3) If the [Federalism Subcommittee] commission finds that a federal law is not
396
authorized by the United States Constitution or violates the principle of federalism as described
397
in Subsection [
63C-4-107
]
63C-4a-304
(2), [the Federalism Subcommittee chair] a commission

398
cochair may:
399
(a) request from a United States senator or representative elected from the state:
400
(i) information about the federal law; or
401
(ii) assistance in communicating with a federal governmental entity regarding the
402
federal law;
403
(b) (i) give written notice of [the] an evaluation [required by] made under Subsection
404
[(2)] (1) to the federal governmental entity responsible for adopting or administering the
405
federal law; and
406
(ii) request a response by a specific date to the evaluation from the federal
407
governmental entity; and
408
(c) request a meeting, conducted in person or by electronic means, with the federal
409
governmental entity [and a council member], a representative from another state, or a United
410
States Senator or Representative elected from the state to discuss the evaluation of federal law
411
and any possible remedy.
412
[(5)] (4) The [Federalism Subcommittee] commission may recommend to the governor
413
that the governor call a special session of the Legislature to give the Legislature an opportunity
414
to respond to the [subcommittee's] commission's evaluation of a federal law.
415
[(6)] (5) [The Federalism Subcommittee chair] A commission cochair may coordinate
416
the evaluation of and response to federal law with another state as provided in Section
417
[
63C-4-108
]
63C-4a-305
.
418
[(7)] (6) [The Federalism Subcommittee] On May 20 and October 20 of each year, the
419
commission shall submit a report by electronic mail [that summarizes action taken in
420
accordance with this section] to the Legislative Management Committee and the Government
421
Operations Interim Committee [on May 20 and October 20 of each year.] that summarizes:
422
(a) action taken by the commission in accordance with this section; and
423
(b) action taken by, or communication received from, any of the following in response
424
to a request or inquiry made, or other action taken, by the commission:
425
(i) a United States senator or representative elected from the state;
426
(ii) a representative of another state; or
427
(iii) a federal entity, official, or employee.
428
(7) The commission shall keep a current list on the Legislature's website of:

429
(a) a federal law that the commission evaluates under Subsection (1);
430
(b) an action taken by a cochair of the commission under Subsection (3);
431
(c) any coordination undertaken with another state under Section
63C-4a-305
; and
432
(d) any response received from a federal government entity that was requested under
433
Subsection (3).
434
Section 11.
Section
63C-4a-304
, which is renumbered from Section 63C-4-107 is
435
renumbered and amended to read:
436
[63C-4-107]. 63C-4a-304. Standard for evaluation of federal law.
437
(1) The [Federalism Subcommittee] commission shall evaluate whether a federal law
438
[submitted under Subsection
63C-4-106
(2)] evaluated under Section
63C-4a-303
is authorized
439
by:
440
(a) United States Constitution, Article I, Section 2, to provide for the decennial census;
441
(b) United States Constitution, Article I, Section 4, to override state laws regulating the
442
times, places, and manner of congressional elections, other than the place of senatorial
443
elections;
444
(c) United States Constitution, Article I, Section 7, to veto bills, orders, and resolutions
445
by Congress;
446
(d) United States Constitution, Article I, Section 8, to:
447
(i) lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for
448
the common defense and general welfare of the United States, but all duties, imposts, and
449
excises shall be uniform throughout the United States;
450
(ii) borrow money on the credit of the United States;
451
(iii) regulate commerce with foreign nations, among the several states, and with the
452
Indian tribes;
453
(iv) establish a uniform rule of naturalization and uniform laws on the subject of
454
bankruptcies throughout the United States;
455
(v) coin money, regulate the value of coin money and of foreign coin, and fix the
456
standard of weights and measures;
457
(vi) provide for the punishment of counterfeiting the securities and current coin of the
458
United States;
459
(vii) establish post offices and post roads;

460
(viii) promote the progress of science and useful arts, by securing for limited times to
461
authors and inventors the exclusive right to their respective writings and discoveries;
462
(ix) constitute tribunals inferior to the supreme court;
463
(x) define and punish piracies and felonies committed on the high seas and offences
464
against the law of nations;
465
(xi) declare war, grant letters of marque and reprisal, and make rules concerning
466
captures on land and water;
467
(xii) raise and support armies, but no appropriation of money to that use shall be for a
468
longer term than two years;
469
(xiii) provide and maintain a navy;
470
(xiv) make rules for the government and regulation of the land and naval forces;
471
(xv) provide for calling forth the militia to execute the laws of the union, suppress
472
insurrections, and repel invasions;
473
(xvi) provide for organizing, arming, and disciplining the militia, and for governing the
474
part of the militia that may be employed in the service of the United States, reserving to the
475
states respectively, the appointment of the officers and the authority of training the militia
476
according to the discipline prescribed by Congress;
477
(xvii) exercise exclusive legislation in all cases whatsoever, over such district, which
478
may not exceed 10 miles square, as may, by cession of particular states and the acceptance of
479
Congress, become the seat of the government of the United States, and to exercise like
480
authority over all places purchased by the consent of the legislature of the state in which the
481
place shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful
482
buildings; or
483
(xviii) make all laws which shall be necessary and proper for carrying into execution
484
the powers listed in this section, and all other powers vested by the United States Constitution
485
in the government of the United States, or in any department or officer of the United States;
486
(e) United States Constitution, Article I, Section 9, to authorize a federal officer to
487
receive benefits from a foreign nation;
488
(f) United States Constitution, Article I, Section 10, to fix the pay of members of
489
Congress and of federal officers;
490
(g) United States Constitution, Article II, Section 1, to:

491
(i) set the time for choosing electors; or
492
(ii) establish who succeeded to the presidency after the vice president;
493
(h) United States Constitution, Article II, Section 2, to:
494
(i) serve as Commander-in-Chief of the armed forces;
495
(ii) require the written opinions of executive officers;
496
(iii) grant reprieves and pardons;
497
(iv) make vacancy appointments;
498
(v) make treaties, subject to the advice and consent of the United States Senate;
499
(vi) appoint foreign affairs officers subject to the advice and consent of the United
500
States Senate;
501
(vii) appoint domestic affairs officers subject either to the advice and consent of the
502
United States Senate or pursuant to law;
503
(viii) appoint judges subject to the advice and consent of the United States Senate; or
504
(ix) authorize the president to fill designated inferior offices without senatorial
505
consent;
506
(i) United States Constitution, Article II, Section 3, to:
507
(i) receive representatives of foreign powers;
508
(ii) execute the laws;
509
(iii) commission United States officers;
510
(iv) give Congress information;
511
(v) make recommendations to Congress;
512
(vi) convene Congress on extraordinary occasions; or
513
(vii) adjourn Congress if it cannot agree on a time;
514
(j) United States Constitution, Article III, Section 1, to:
515
(i) create exceptions to the supreme court's appellate jurisdiction;
516
(ii) fix the jurisdiction of federal courts inferior to the supreme court; or
517
(iii) declare the punishment for treason;
518
(k) United States Constitution, Article IV, Section 1, to establish the rules by which the
519
records and judgments of states are proved in other states;
520
(l) United States Constitution, Article IV, Section 3, to:
521
(i) manage federal property;

522
(ii) dispose of federal property;
523
(iii) govern the federal territories; or
524
(iv) consent to admission of new states or the combination of existing states;
525
(m) United States Constitution, Article IV, Section 4, to defend states from invasion,
526
insurrection, and non-republican forms of government;
527
(n) United States Constitution, Article V, Section 1, to propose constitutional
528
amendments;
529
(o) United States Constitution, Article VI, Section 1, to prescribe the oath for federal
530
officers;
531
(p) United States Constitution, Amendment XIII, to abolish slavery;
532
(q) United States Constitution, Amendment XIV, to guard people from certain state
533
abuses;
534
(r) United States Constitution, Amendment XVI, to impose taxes on income from any
535
source without having to apportion the total dollar amount of tax collected from each state
536
according to each state's population in relation to the total national population;
537
(s) United States Constitution, Amendment XX, to revise the manner of presidential
538
succession;
539
(t) United States Constitution, Amendment XV, XIX, XXIII, or XXIV, to extend and
540
protect the right to vote; or
541
(u) United States Constitution, Amendment XVII, to grant a pay raise to a sitting
542
Congress.
543
(2) The [Federalism Subcommittee] commission shall evaluate whether a federal law
544
[submitted under Subsection
63C-4-106
(2)] evaluated under Section
63C-4a-303
violates the
545
principle of federalism by:
546
(a) affecting the distribution of power and responsibility among the state and national
547
government;
548
(b) limiting the policymaking discretion of the state;
549
(c) impacting a power or a right reserved to the state or its citizens by the United States
550
Constitution, Amendment IX or X; [and] or
551
(d) impacting the sovereignty rights and interest of the state or a political subdivision to
552
provide for the health, safety, and welfare and promote the prosperity of the state's or political

553
subdivision's inhabitants.
554
(3) In the evaluation of a federal law, the [Federalism Subcommittee] commission:
555
(a) shall rely on:
556
(i) the text of the United States Constitution, as amended;
557
(ii) the meaning of the text of the United States Constitution, as amended, at the time
558
of its drafting and ratification; and
559
(iii) a primary source document that is:
560
(A) directly relevant to the drafting, adoption, ratification, or initial implementation of
561
the United States Constitution, as amended; or
562
(B) created by a person directly involved in the drafting, adoption, ratification, or
563
initial implementation of the United States Constitution, as amended;
564
(b) may rely on other relevant sources, including federal court decisions; and
565
(c) is not bound by a holding by a federal court.
566
Section 12.
Section
63C-4a-305
, which is renumbered from Section 63C-4-108 is
567
renumbered and amended to read:
568
[63C-4-108]. 63C-4a-305. Communication with other states and
569
governmental entities.
570
[(1) The Federalism Subcommittee chair] A commission cochair may correspond with
571
the presiding officer of the legislative branch of another state or an entity of another state that
572
has powers and duties that are similar to the [Federalism Subcommittee] commission to discuss
573
and coordinate the evaluation of and response to federal law as provided in Section
574
[
63C-4-106
]
63C-4a-303
.
575
[(2) The Federalism Subcommittee shall send a copy of this bill and the pages of the
576
House and Senate Journal that pertain to Laws of Utah 2011, Chapter 252 to:]
577
[(a) the governor of each state;]
578
[(b) the presiding officer, the majority leader, and the minority leader of each house, if
579
applicable, of each state legislature;]
580
[(c) each United States Senator or Representative elected from this state;]
581
[(d) the Chief Justice of the United States Supreme Court;]
582
[(e) the President of the United States; and]
583
[(f) the presiding officer, the majority leader, and the minority leader of each house of

584
the United States Congress.]
585
Section 13.
Section
63C-4a-401
is enacted to read:
586

Part 4. Miscellaneous Provisions

587
63C-4a-401. Title.
588
This part is known as "Miscellaneous Provisions."
589
Section 14.
Section
63C-4a-402
, which is renumbered from Section 63C-4-103 is
590
renumbered and amended to read:
591
[63C-4-103]. 63C-4a-402. Creation of Constitutional Defense Restricted
592
Account -- Sources of funds -- Uses of funds -- Reports.
593
(1) There is created a restricted account within the General Fund known as the
594
Constitutional Defense Restricted Account.
595
(2) The account consists of money from the following revenue sources:
596
(a) money deposited to the account as required by Section
53C-3-203
;
597
(b) voluntary contributions;
598
(c) money received by the council from other state agencies; and
599
(d) appropriations made by the Legislature.
600
(3) The Legislature may annually appropriate money from the Constitutional Defense
601
Restricted Account to one or more of the following:
602
(a) the commission, to fund the commission and for the commission's duties;
603
[(a)] (b) the council, to fund the council and for the council's [or Federalism
604
Subcommittee's duties established in this chapter] duties;
605
[(b)] (c) the Public Lands Policy Coordinating Office to carry out its duties in Section
606
63J-4-603
;
607
[(c)] (d) the Office of the Governor, to be used only for the purpose of asserting,
608
defending, or litigating:
609
(i) an issue arising with another state regarding the use or ownership of water; or
610
(ii) state and local government rights under R.S. 2477, in accordance with a plan
611
developed and approved as provided in Section [
63C-4-104
]
63C-4a-403
;
612
[(d)] (e) a county or association of counties to assist counties, consistent with the
613
purposes of the council, in pursuing issues affecting the counties; [or]
614
[(e)] (f) the Office of the Attorney General, to be used only:

615
(i) for public lands counsel and assistance and litigation to the state or local
616
governments including asserting, defending, or litigating state and local government rights
617
under R.S. 2477 in accordance with a plan developed and approved as provided in Section
618
[
63C-4-104
]
63C-4a-403
;
619
(ii) for an action filed in accordance with Section
67-5-29
;
620
(iii) to advise the council [and Federalism Subcommittee]; or
621
(iv) for asserting, defending, or litigating an issue arising with another state regarding
622
the use or ownership of water[.]; or
623
(g) the Office of Legislative Research and General Counsel, to provide staff support to
624
the commission.
625
(4) (a) The council shall require that any entity, other than the commission, that
626
receives money from the [Constitutional Defense Restricted Account] account provide
627
financial reports and litigation reports to the council.
628
(b) Nothing in this Subsection (4) prohibits the commission or the council from closing
629
a meeting under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the
630
commission or the council from complying with Title 63G, Chapter 2, Government Records
631
Access and Management Act.
632
Section 15.
Section
63C-4a-403
, which is renumbered from Section 63C-4-104 is
633
renumbered and amended to read:
634
[63C-4-104]. 63C-4a-403. Plans for R.S. 2477 rights and constitutional
635
defense -- Contents.
636
[(1) As used in this section:]
637
[(a) "Constitutional defense plan" means a plan that outlines actions and expenditures
638
to fulfill the council's and Federalism Subcommittee's duties established by this chapter.]
639
[(b) "R.S. 2477 plan" means a guiding document that:]
640
[(i) is developed jointly by the Utah Association of Counties and the state;]
641
[(ii) is approved by the Constitutional Defense Council; and]
642
[(iii) presents the broad framework of a proposed working relationship between the
643
state and participating counties collectively for the purpose of asserting, defending, or litigating
644
state and local government rights under R.S. 2477.]
645
[(2)] (1) The [Constitutional Defense Council] council may approve [a] an R.S. 2477

646
plan if the R.S. 2477 plan:
647
(a) provides for a good faith, cooperative effort between the state and each
648
participating county;
649
(b) allows a county to formally agree to participate in the R.S. 2477 plan by adopting a
650
resolution;
651
(c) provides that the state and a participating county are equal partners in determining
652
litigation strategy and the expenditure of resources with respect to that county's rights under
653
R.S. 2477; and
654
(d) provides a process for resolving any disagreement between the state and a
655
participating county about litigation strategy or resource expenditure that includes the
656
following requirements:
657
(i) the governor or the governor's designee and a representative of the Utah Association
658
of Counties shall first attempt to resolve the disagreement;
659
(ii) if the county and the state continue to disagree, the county, the governor, and the
660
Utah Association of Counties shall present their recommendations to the [Constitutional
661
Defense Council] council for a final decision about the strategy or expenditure in question; and
662
(iii) the county may pursue a strategy or make an expenditure contrary to the final
663
decision of the [Constitutional Defense Council] council only if the county does not claim
664
resources provided to fund the R.S. 2477 plan.
665
[(3)] (2) The [Constitutional Defense Council] council shall ensure that the R.S. 2477
666
plan contains:
667
(a) provisions identifying which expenditure types require approval of the R.S. 2477
668
plan committee and which expenditure types may be made without the R.S. 2477 plan
669
committee approval;
670
(b) provisions requiring that financial statements be provided to members of the R.S.
671
2477 plan committee and members of the [Constitutional Defense Council] council, and the
672
frequency with which those financial statements must be provided; and
673
(c) provisions identifying those decisions or types of decisions that may be made by the
674
R.S. 2477 plan committee and those decisions or types of decisions that must be referred to the
675
[Constitutional Defense Council] council for decision.
676
[(4)] (3) (a) The Public Lands Policy Coordinating Office, in consultation with the

677
committee, the Office of the Attorney General and the School and Institutional Trust Lands,
678
shall prepare and submit a constitutional defense plan to the [Constitutional Defense Council]
679
council for the council's approval.
680
(b) The constitutional defense plan shall contain proposed action and expenditure for:
681
(i) the council's or the [subcommittee's] commission's duties [established by this
682
chapter]; or
683
(ii) an action filed in accordance with Section
67-5-29
.
684
[(5)] (4) The [Constitutional Defense Council] council shall:
685
(a) review expenditures, at least quarterly, made to further a plan approved under this
686
section;
687
(b) approve an update to a plan under this section at least annually, or more often, if
688
necessary; and
689
(c) jointly, with the Public Lands Policy Coordinating Office, present a R.S. 2477 plan
690
approved under this section, with any updates, to:
691
(i) the Legislature's Natural Resources, Agriculture, and Environment Interim
692
Committee by July 1 of each calendar year, after providing the R.S. 2477 plan to the committee
693
at least seven days before the presentation; [and]
694
(ii) the commission, which may be by mail; and
695
[(ii)] (iii) the president of the Senate and the speaker of the House of Representatives,
696
which may be by mail.
697
Section 16.
Section
63I-1-263 (Effective 05/01/13)
is amended to read:
698
63I-1-263 (Effective 05/01/13). Repeal dates, Titles 63A to 63M.
699
(1) Section
63A-4-204
, authorizing the Risk Management Fund to provide coverage to
700
any public school district which chooses to participate, is repealed July 1, 2016.
701
(2) Section
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1, 2016.
702
(3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
703
1, 2018.
704
[(3)] (4) Section
63C-8-106
, rural residency training program, is repealed July 1, 2015.
705
[(4)] (5) Title 63C, Chapter 13, Prison Relocation and Development Authority Act, is
706
repealed July 1, 2014.
707
[(5)] (6) Subsection
63G-6a-1402
(7) authorizing certain transportation agencies to

708
award a contract for a design-build transportation project in certain circumstances, is repealed
709
July 1, 2015.
710
[(6)] (7) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
711
July 1, 2020.
712
[(7)] (8) The Resource Development Coordinating Committee, created in Section
713
63J-4-501
, is repealed July 1, 2015.
714
[(8)] (9) Title 63M, Chapter 1, Part 4, Enterprise Zone Act, is repealed July 1, 2018.
715
[(9)] (10) (a) Title 63M, Chapter 1, Part 11, Recycling Market Development Zone Act,
716
is repealed January 1, 2021.
717
(b) Subject to Subsection [(9)] (10)(c), Sections
59-7-610
and
59-10-1007
regarding
718
tax credits for certain persons in recycling market development zones, are repealed for taxable
719
years beginning on or after January 1, 2021.
720
(c) A person may not claim a tax credit under Section
59-7-610
or
59-10-1007
:
721
(i) for the purchase price of machinery or equipment described in Section
59-7-610
or
722
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
723
(ii) for an expenditure described in Subsection
59-7-610
(1)(b) or
59-10-1007
(1)(b), if
724
the expenditure is made on or after January 1, 2021.
725
(d) Notwithstanding Subsections [(9)] (10)(b) and (c), a person may carry forward a tax
726
credit in accordance with Section
59-7-610
or
59-10-1007
if:
727
(i) the person is entitled to a tax credit under Section
59-7-610
or
59-10-1007
; and
728
(ii) (A) for the purchase price of machinery or equipment described in Section
729
59-7-610
or
59-10-1007
, the machinery or equipment is purchased on or before December 31,
730
2020; or
731
(B) for an expenditure described in Subsection
59-7-610
(1)(b) or
59-10-1007
(1)(b), the
732
expenditure is made on or before December 31, 2020.
733
[(10)] (11) (a) Section
63M-1-2507
, Health Care Compact is repealed on July 1, 2014.
734
(b) (i) The Legislature shall, before reauthorizing the Health Care Compact:
735
(A) direct the Health System Reform Task Force to evaluate the issues listed in
736
Subsection [(10)] (11)(b)(ii), and by January 1, 2013, develop and recommend criteria for the
737
Legislature to use to negotiate the terms of the Health Care Compact; and
738
(B) prior to July 1, 2014, seek amendments to the Health Care Compact among the

739
member states that the Legislature determines are appropriate after considering the
740
recommendations of the Health System Reform Task Force.
741
(ii) The Health System Reform Task Force shall evaluate and develop criteria for the
742
Legislature regarding:
743
(A) the impact of the Supreme Court ruling on the Affordable Care Act;
744
(B) whether Utah is likely to be required to implement any part of the Affordable Care
745
Act prior to negotiating the compact with the federal government, such as Medicaid expansion
746
in 2014;
747
(C) whether the compact's current funding formula, based on adjusted 2010 state
748
expenditures, is the best formula for Utah and other state compact members to use for
749
establishing the block grants from the federal government;
750
(D) whether the compact's calculation of current year inflation adjustment factor,
751
without consideration of the regional medical inflation rate in the current year, is adequate to
752
protect the state from increased costs associated with administering a state based Medicaid and
753
a state based Medicare program;
754
(E) whether the state has the flexibility it needs under the compact to implement and
755
fund state based initiatives, or whether the compact requires uniformity across member states
756
that does not benefit Utah;
757
(F) whether the state has the option under the compact to refuse to take over the federal
758
Medicare program;
759
(G) whether a state based Medicare program would provide better benefits to the
760
elderly and disabled citizens of the state than a federally run Medicare program;
761
(H) whether the state has the infrastructure necessary to implement and administer a
762
better state based Medicare program;
763
(I) whether the compact appropriately delegates policy decisions between the
764
legislative and executive branches of government regarding the development and
765
implementation of the compact with other states and the federal government; and
766
(J) the impact on public health activities, including communicable disease surveillance
767
and epidemiology.
768
[(11)] (12) The Crime Victim Reparations and Assistance Board, created in Section
769
63M-7-504
, is repealed July 1, 2017.

770
[(12)] (13) Title 63M, Chapter 9, Families, Agencies, and Communities Together for
771
Children and Youth At Risk Act, is repealed July 1, 2016.
772
[(13)] (14) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
773
2017.
774
Section 17.
Section
63J-4-401
is amended to read:
775
63J-4-401. Planning duties of the planning coordinator and office.
776
(1) The state planning coordinator shall:
777
(a) act as the governor's adviser on state, regional, metropolitan, and local
778
governmental planning matters relating to public improvements and land use;
779
(b) counsel with the authorized representatives of the Department of Transportation,
780
the State Building Board, the Department of Health, the Department of Workforce Services,
781
the Labor Commission, the Department of Natural Resources, the School and Institutional
782
Trust Lands Administration, and other proper persons concerning all state planning matters;
783
(c) when designated to do so by the governor, receive funds made available to Utah by
784
the federal government;
785
(d) receive and review plans of the various state agencies and political subdivisions
786
relating to public improvements and programs;
787
(e) when conflicts occur between the plans and proposals of state agencies, prepare
788
specific recommendations for the resolution of the conflicts and submit the recommendations
789
to the governor for a decision resolving the conflict;
790
(f) when conflicts occur between the plans and proposals of a state agency and a
791
political subdivision or between two or more political subdivisions, advise these entities of the
792
conflict and make specific recommendations for the resolution of the conflict;
793
(g) act as the governor's planning agent in planning public improvements and land use
794
and, in this capacity, undertake special studies and investigations;
795
(h) provide information and cooperate with the Legislature or any of its committees in
796
conducting planning studies;
797
(i) cooperate and exchange information with federal agencies and local, metropolitan,
798
or regional agencies as necessary to assist with federal, state, regional, metropolitan, and local
799
programs;
800
(j) make recommendations to the governor that the planning coordinator considers

801
advisable for the proper development and coordination of plans for state government and
802
political subdivisions; and
803
(k) oversee and supervise the activities and duties of the public lands policy
804
coordinator.
805
(2) The state planning coordinator may:
806
(a) perform regional and state planning and assist state government planning agencies
807
in performing state planning;
808
(b) provide planning assistance to Indian tribes regarding planning for Indian
809
reservations; and
810
(c) assist city, county, metropolitan, and regional planning agencies in performing
811
local, metropolitan, and regional planning, provided that the state planning coordinator and the
812
state planning coordinator's agents and designees recognize and promote the plans, policies,
813
programs, processes, and desired outcomes of each planning agency whenever possible.
814
(3) When preparing or assisting in the preparation of plans, policies, programs, or
815
processes related to the management or use of federal lands or natural resources on federal
816
lands in Utah, the state planning coordinator shall:
817
(a) incorporate the plans, policies, programs, processes, and desired outcomes of the
818
counties where the federal lands or natural resources are located, to the maximum extent
819
consistent with state and federal law, provided that this requirement shall not be interpreted to
820
infringe upon the authority of the governor;
821
(b) identify inconsistencies or conflicts between the plans, policies, programs,
822
processes, and desired outcomes prepared under Subsection (3)(a) and the plans, programs,
823
processes, and desired outcomes of local government as early in the preparation process as
824
possible, and seek resolution of the inconsistencies through meetings or other conflict
825
resolution mechanisms involving the necessary and immediate parties to the inconsistency or
826
conflict;
827
(c) present to the governor the nature and scope of any inconsistency or other conflict
828
that is not resolved under the procedures in Subsection (3)(b) for the governor's decision about
829
the position of the state concerning the inconsistency or conflict;
830
(d) develop, research, and use factual information, legal analysis, and statements of
831
desired future condition for the state, or subregion of the state, as necessary to support the

832
plans, policies, programs, processes, and desired outcomes of the state and the counties where
833
the federal lands or natural resources are located;
834
(e) establish and coordinate agreements between the state and federal land management
835
agencies, federal natural resource management agencies, and federal natural resource
836
regulatory agencies to facilitate state and local participation in the development, revision, and
837
implementation of land use plans, guidelines, regulations, other instructional memoranda, or
838
similar documents proposed or promulgated for lands and natural resources administered by
839
federal agencies; and
840
(f) work in conjunction with political subdivisions to establish agreements with federal
841
land management agencies, federal natural resource management agencies, and federal natural
842
resource regulatory agencies to provide a process for state and local participation in the
843
preparation of, or coordinated state and local response to, environmental impact analysis
844
documents and similar documents prepared pursuant to law by state or federal agencies.
845
(4) The state planning coordinator shall comply with the requirements of Subsection
846
[
63C-4-102
]
63C-4a-203
(8) before submitting any comments on a draft environmental impact
847
statement or on an environmental assessment for a proposed land management plan, if the
848
governor would be subject to Subsection [
63C-4-102
]
63C-4a-203
(8) if the governor were
849
submitting the material.
850
(5) The state planning coordinator shall cooperate with and work in conjunction with
851
appropriate state agencies and political subdivisions to develop policies, plans, programs,
852
processes, and desired outcomes authorized by this section by coordinating the development of
853
positions:
854
(a) through the Resource Development Coordinating Committee;
855
(b) in conjunction with local government officials concerning general local government
856
plans;
857
(c) by soliciting public comment through the Resource Development Coordinating
858
Committee; and
859
(d) by working with the Public Lands Policy Coordinating Office.
860
(6) The state planning coordinator shall recognize and promote the following principles
861
when preparing any policies, plans, programs, processes, or desired outcomes relating to
862
federal lands and natural resources on federal lands pursuant to this section:

863
(a) (i) the citizens of the state are best served by applying multiple-use and
864
sustained-yield principles in public land use planning and management; and
865
(ii) multiple-use and sustained-yield management means that federal agencies should
866
develop and implement management plans and make other resource-use decisions that:
867
(A) achieve and maintain in perpetuity a high-level annual or regular periodic output of
868
mineral and various renewable resources from public lands;
869
(B) support valid existing transportation, mineral, and grazing privileges at the highest
870
reasonably sustainable levels;
871
(C) support the specific plans, programs, processes, and policies of state agencies and
872
local governments;
873
(D) are designed to produce and provide the desired vegetation for the watersheds,
874
timber, food, fiber, livestock forage, and wildlife forage, and minerals that are necessary to
875
meet present needs and future economic growth and community expansion without permanent
876
impairment of the productivity of the land;
877
(E) meet the recreational needs and the personal and business-related transportation
878
needs of the citizens of the state by providing access throughout the state;
879
(F) meet the recreational needs of the citizens of the state;
880
(G) meet the needs of wildlife;
881
(H) provide for the preservation of cultural resources, both historical and
882
archaeological;
883
(I) meet the needs of economic development;
884
(J) meet the needs of community development; and
885
(K) provide for the protection of water rights;
886
(b) managing public lands for "wilderness characteristics" circumvents the statutory
887
wilderness process and is inconsistent with the multiple-use and sustained-yield management
888
standard that applies to all Bureau of Land Management and U.S. Forest Service lands that are
889
not wilderness areas or wilderness study areas;
890
(c) all waters of the state are:
891
(i) owned exclusively by the state in trust for its citizens;
892
(ii) are subject to appropriation for beneficial use; and
893
(iii) are essential to the future prosperity of the state and the quality of life within the

894
state;
895
(d) the state has the right to develop and use its entitlement to interstate rivers;
896
(e) all water rights desired by the federal government must be obtained through the
897
state water appropriation system;
898
(f) land management and resource-use decisions which affect federal lands should give
899
priority to and support the purposes of the compact between the state and the United States
900
related to school and institutional trust lands;
901
(g) development of the solid, fluid, and gaseous mineral resources of the state is an
902
important part of the economy of the state, and of local regions within the state;
903
(h) the state should foster and support industries that take advantage of the state's
904
outstanding opportunities for outdoor recreation;
905
(i) wildlife constitutes an important resource and provides recreational and economic
906
opportunities for the state's citizens;
907
(j) proper stewardship of the land and natural resources is necessary to ensure the
908
health of the watersheds, timber, forage, and wildlife resources to provide for a continuous
909
supply of resources for the people of the state and the people of the local communities who
910
depend on these resources for a sustainable economy;
911
(k) forests, rangelands, timber, and other vegetative resources:
912
(i) provide forage for livestock;
913
(ii) provide forage and habitat for wildlife;
914
(iii) provide resources for the state's timber and logging industries;
915
(iv) contribute to the state's economic stability and growth; and
916
(v) are important for a wide variety of recreational pursuits;
917
(l) management programs and initiatives that improve watersheds, forests, and increase
918
forage for the mutual benefit of wildlife species and livestock, logging, and other agricultural
919
industries by utilizing proven techniques and tools are vital to the state's economy and the
920
quality of life in Utah; and
921
(m) (i) land management plans, programs, and initiatives should provide that the
922
amount of domestic livestock forage, expressed in animal unit months, for permitted, active
923
use as well as the wildlife forage included in that amount, be no less than the maximum
924
number of animal unit months sustainable by range conditions in grazing allotments and

925
districts, based on an on-the-ground and scientific analysis;
926
(ii) the state opposes the relinquishment or retirement of grazing animal unit months in
927
favor of conservation, wildlife, and other uses;
928
(iii) (A) the state favors the best management practices that are jointly sponsored by
929
cattlemen's, sportsmen's, and wildlife management groups such as chaining, logging, seeding,
930
burning, and other direct soil and vegetation prescriptions that are demonstrated to restore
931
forest and rangeland health, increase forage, and improve watersheds in grazing districts and
932
allotments for the mutual benefit of domestic livestock and wildlife;
933
(B) when practices described in Subsection (6)(m)(iii)(A) increase a grazing
934
allotment's forage beyond the total permitted forage use that was allocated to that allotment in
935
the last federal land use plan or allotment management plan still in existence as of January 1,
936
2005, a reasonable and fair portion of the increase in forage beyond the previously allocated
937
total permitted use should be allocated to wildlife as recommended by a joint, evenly balanced
938
committee of livestock and wildlife representatives that is appointed and constituted by the
939
governor for that purpose;
940
(C) the state favors quickly and effectively adjusting wildlife population goals and
941
population census numbers in response to variations in the amount of available forage caused
942
by drought or other climatic adjustments, and state agencies responsible for managing wildlife
943
population goals and population census numbers will give due regard to both the needs of the
944
livestock industry and the need to prevent the decline of species to a point where listing under
945
the terms of the Endangered Species Act when making such adjustments;
946
(iv) the state opposes the transfer of grazing animal unit months to wildlife for
947
supposed reasons of rangeland health;
948
(v) reductions in domestic livestock animal unit months must be temporary and
949
scientifically based upon rangeland conditions;
950
(vi) policies, plans, programs, initiatives, resource management plans, and forest plans
951
may not allow the placement of grazing animal unit months in a suspended use category unless
952
there is a rational and scientific determination that the condition of the rangeland allotment or
953
district in question will not sustain the animal unit months sought to be placed in suspended
954
use;
955
(vii) any grazing animal unit months that are placed in a suspended use category should

956
be returned to active use when range conditions improve;
957
(viii) policies, plans, programs, and initiatives related to vegetation management
958
should recognize and uphold the preference for domestic grazing over alternate forage uses in
959
established grazing districts while upholding management practices that optimize and expand
960
forage for grazing and wildlife in conjunction with state wildlife management plans and
961
programs in order to provide maximum available forage for all uses; and
962
(ix) in established grazing districts, animal unit months that have been reduced due to
963
rangeland health concerns should be restored to livestock when rangeland conditions improve,
964
and should not be converted to wildlife use.
965
(7) The state planning coordinator shall recognize and promote the following findings
966
in the preparation of any policies, plans, programs, processes, or desired outcomes relating to
967
federal lands and natural resources on federal lands under this section:
968
(a) as a coholder of R.S. 2477 rights-of-way with the counties, the state supports its
969
recognition by the federal government and the public use of R.S. 2477 rights-of-way and urges
970
the federal government to fully recognize the rights-of-way and their use by the public as
971
expeditiously as possible;
972
(b) it is the policy of the state to use reasonable administrative and legal measures to
973
protect and preserve valid existing rights-of-way granted by Congress under R.S. 2477, and to
974
support and work in conjunction with counties to redress cases where R.S. 2477 rights-of-way
975
are not recognized or are impaired; and
976
(c) transportation and access routes to and across federal lands, including all
977
rights-of-way vested under R.S. 2477, are vital to the state's economy and to the quality of life
978
in the state, and must provide, at a minimum, a network of roads throughout the resource
979
planning area that provides for:
980
(i) movement of people, goods, and services across public lands;
981
(ii) reasonable access to a broad range of resources and opportunities throughout the
982
resource planning area, including:
983
(A) livestock operations and improvements;
984
(B) solid, fluid, and gaseous mineral operations;
985
(C) recreational opportunities and operations, including motorized and nonmotorized
986
recreation;

987
(D) search and rescue needs;
988
(E) public safety needs; and
989
(F) access for transportation of wood products to market;
990
(iii) access to federal lands for people with disabilities and the elderly; and
991
(iv) access to state lands and school and institutional trust lands to accomplish the
992
purposes of those lands.
993
(8) The state planning coordinator shall recognize and promote the following findings
994
in the preparation of any plans, policies, programs, processes, or desired outcomes relating to
995
federal lands and natural resources on federal lands pursuant to this section:
996
(a) the state's support for the addition of a river segment to the National Wild and
997
Scenic Rivers System, 16 U.S.C. Sec. 1271 et seq., will be withheld until:
998
(i) it is clearly demonstrated that water is present and flowing at all times;
999
(ii) it is clearly demonstrated that the required water-related value is considered
1000
outstandingly remarkable within a region of comparison consisting of one of the three
1001
physiographic provinces in the state, and that the rationale and justification for the conclusions
1002
are disclosed;
1003
(iii) it is clearly demonstrated that the inclusion of each river segment is consistent
1004
with the plans and policies of the state and the county or counties where the river segment is
1005
located as those plans and policies are developed according to Subsection (3);
1006
(iv) the effects of the addition upon the local and state economies, agricultural and
1007
industrial operations and interests, outdoor recreation, water rights, water quality, water
1008
resource planning, and access to and across river corridors in both upstream and downstream
1009
directions from the proposed river segment have been evaluated in detail by the relevant federal
1010
agency;
1011
(v) it is clearly demonstrated that the provisions and terms of the process for review of
1012
potential additions have been applied in a consistent manner by all federal agencies;
1013
(vi) the rationale and justification for the proposed addition, including a comparison
1014
with protections offered by other management tools, is clearly analyzed within the multiple-use
1015
mandate, and the results disclosed;
1016
(vii) it is clearly demonstrated that the federal agency with management authority over
1017
the river segment, and which is proposing the segment for inclusion in the National Wild and

1018
Scenic River System will not use the actual or proposed designation as a basis to impose
1019
management standards outside of the federal land management plan;
1020
(viii) it is clearly demonstrated that the terms and conditions of the federal land and
1021
resource management plan containing a recommendation for inclusion in the National Wild
1022
and Scenic River System:
1023
(A) evaluates all eligible river segments in the resource planning area completely and
1024
fully for suitability for inclusion in the National Wild and Scenic River System;
1025
(B) does not suspend or terminate any studies for inclusion in the National Wild and
1026
Scenic River System at the eligibility phase;
1027
(C) fully disclaims any interest in water rights for the recommended segment as a result
1028
of the adoption of the plan; and
1029
(D) fully disclaims the use of the recommendation for inclusion in the National Wild
1030
and Scenic River System as a reason or rationale for an evaluation of impacts by proposals for
1031
projects upstream, downstream, or within the recommended segment;
1032
(ix) it is clearly demonstrated that the agency with management authority over the river
1033
segment commits not to use an actual or proposed designation as a basis to impose Visual
1034
Resource Management Class I or II management prescriptions that do not comply with the
1035
provisions of Subsection (8)(t); and
1036
(x) it is clearly demonstrated that including the river segment and the terms and
1037
conditions for managing the river segment as part of the National Wild and Scenic River
1038
System will not prevent, reduce, impair, or otherwise interfere with:
1039
(A) the state and its citizens' enjoyment of complete and exclusive water rights in and
1040
to the rivers of the state as determined by the laws of the state; or
1041
(B) local, state, regional, or interstate water compacts to which the state or any county
1042
is a party;
1043
(b) the conclusions of all studies related to potential additions to the National Wild and
1044
Scenic River System, 16 U.S.C. Sec. 1271 et seq., are submitted to the state for review and
1045
action by the Legislature and governor, and the results, in support of or in opposition to, are
1046
included in any planning documents or other proposals for addition and are forwarded to the
1047
United States Congress;
1048
(c) the state's support for designation of an Area of Critical Environmental Concern

1049
(ACEC), as defined in 43 U.S.C. Sec. 1702, within federal land management plans will be
1050
withheld until:
1051
(i) it is clearly demonstrated that the proposed area satisfies all the definitional
1052
requirements of the Federal Land Policy and Management Act of 1976, 43 U.S.C. Sec.
1053
1702(a);
1054
(ii) it is clearly demonstrated that the area proposed for designation as an ACEC is
1055
limited in geographic size and that the proposed management prescriptions are limited in scope
1056
to the minimum necessary to specifically protect and prevent irreparable damage to the relevant
1057
and important values identified, or limited in geographic size and management prescriptions to
1058
the minimum required to specifically protect human life or safety from natural hazards;
1059
(iii) it is clearly demonstrated that the proposed area is limited only to areas that are
1060
already developed or used or to areas where no development is required;
1061
(iv) it is clearly demonstrated that the proposed area contains relevant and important
1062
historic, cultural or scenic values, fish or wildlife resources, or natural processes which are
1063
unique or substantially significant on a regional basis, or contain natural hazards which
1064
significantly threaten human life or safety;
1065
(v) the federal agency has analyzed regional values, resources, processes, or hazards for
1066
irreparable damage and its potential causes resulting from potential actions which are
1067
consistent with the multiple-use, sustained-yield principles, and the analysis describes the
1068
rationale for any special management attention required to protect, or prevent irreparable
1069
damage to the values, resources, processes, or hazards;
1070
(vi) it is clearly demonstrated that the proposed designation is consistent with the plans
1071
and policies of the state and of the county where the proposed designation is located as those
1072
plans and policies are developed according to Subsection (3);
1073
(vii) it is clearly demonstrated that the proposed ACEC designation will not be applied
1074
redundantly over existing protections provided by other state and federal laws for federal lands
1075
or resources on federal lands, and that the federal statutory requirement for special management
1076
attention for a proposed ACEC will discuss and justify any management requirements needed
1077
in addition to those specified by the other state and federal laws;
1078
(viii) the difference between special management attention required for an ACEC and
1079
normal multiple-use management has been identified and justified, and that any determination

1080
of irreparable damage has been analyzed and justified for short and long-term horizons;
1081
(ix) it is clearly demonstrated that the proposed designation:
1082
(A) is not a substitute for a wilderness suitability recommendation;
1083
(B) is not a substitute for managing areas inventoried for wilderness characteristics
1084
after 1993 under the BLM interim management plan for valid wilderness study areas; and
1085
(C) it is not an excuse or justification to apply de facto wilderness management
1086
standards; and
1087
(x) the conclusions of all studies are submitted to the state, as a cooperating agency, for
1088
review, and the results, in support of or in opposition to, are included in all planning
1089
documents;
1090
(d) sufficient federal lands are made available for government-to-government
1091
exchanges of school and institutional trust lands and federal lands without regard for a
1092
resource-to-resource correspondence between the surface or mineral characteristics of the
1093
offered trust lands and the offered federal lands;
1094
(e) federal agencies should support government-to-government exchanges of land with
1095
the state based on a fair process of valuation which meets the fiduciary obligations of both the
1096
state and federal governments toward trust lands management, and which assures that revenue
1097
authorized by federal statute to the state from mineral or timber production, present or future, is
1098
not diminished in any manner during valuation, negotiation, or implementation processes;
1099
(f) agricultural and grazing lands should continue to produce the food and fiber needed
1100
by the citizens of the state and the nation, and the rural character and open landscape of rural
1101
Utah should be preserved through a healthy and active agricultural and grazing industry,
1102
consistent with private property rights and state fiduciary duties;
1103
(g) the resources of the forests and rangelands of the state should be integrated as part
1104
of viable, robust, and sustainable state and local economies, and available forage should be
1105
evaluated for the full complement of herbivores the rangelands can support in a sustainable
1106
manner, and forests should contain a diversity of timber species, and disease or insect
1107
infestations in forests should be controlled using logging or other best management practices;
1108
(h) the state opposes any additional evaluation of national forest service lands as
1109
"roadless" or "unroaded" beyond the forest service's second roadless area review evaluation and
1110
opposes efforts by agencies to specially manage those areas in a way that:

1111
(i) closes or declassifies existing roads unless multiple side by side roads exist running
1112
to the same destination and state and local governments consent to close or declassify the extra
1113
roads;
1114
(ii) permanently bars travel on existing roads;
1115
(iii) excludes or diminishes traditional multiple-use activities, including grazing and
1116
proper forest harvesting;
1117
(iv) interferes with the enjoyment and use of valid, existing rights, including water
1118
rights, local transportation plan rights, R.S. 2477 rights, grazing allotment rights, and mineral
1119
leasing rights; or
1120
(v) prohibits development of additional roads reasonably necessary to pursue
1121
traditional multiple-use activities;
1122
(i) the state's support for any forest plan revision or amendment will be withheld until
1123
the appropriate plan revision or plan amendment clearly demonstrates that:
1124
(i) established roads are not referred to as unclassified roads or a similar classification;
1125
(ii) lands in the vicinity of established roads are managed under the multiple-use,
1126
sustained-yield management standard; and
1127
(iii) no roadless or unroaded evaluations or inventories are recognized or upheld
1128
beyond those that were recognized or upheld in the forest service's second roadless area review
1129
evaluation;
1130
(j) the state's support for any recommendations made under the statutory requirement to
1131
examine the wilderness option during the revision of land and resource management plans by
1132
the U.S. Forest Service will be withheld until it is clearly demonstrated that:
1133
(i) the duly adopted transportation plans of the state and county or counties within the
1134
planning area are fully and completely incorporated into the baseline inventory of information
1135
from which plan provisions are derived;
1136
(ii) valid state or local roads and rights-of-way are recognized and not impaired in any
1137
way by the recommendations;
1138
(iii) the development of mineral resources by underground mining is not affected by
1139
the recommendations;
1140
(iv) the need for additional administrative or public roads necessary for the full use of
1141
the various multiple-uses, including recreation, mineral exploration and development, forest

1142
health activities, and grazing operations is not unduly affected by the recommendations;
1143
(v) analysis and full disclosure is made concerning the balance of multiple-use
1144
management in the proposed areas, and that the analysis compares the full benefit of
1145
multiple-use management to the recreational, forest health, and economic needs of the state and
1146
the counties to the benefits of the requirements of wilderness management; and
1147
(vi) the conclusions of all studies related to the requirement to examine the wilderness
1148
option are submitted to the state for review and action by the Legislature and governor, and the
1149
results, in support of or in opposition to, are included in any planning documents or other
1150
proposals that are forwarded to the United States Congress;
1151
(k) the invasion of noxious weeds and undesirable invasive plant species into the state
1152
should be reversed, their presence eliminated, and their return prevented;
1153
(l) management and resource-use decisions by federal land management and regulatory
1154
agencies concerning the vegetative resources within the state should reflect serious
1155
consideration of the proper optimization of the yield of water within the watersheds of the
1156
state;
1157
(m) (i) it is the policy of the state that:
1158
(A) mineral and energy production and environmental protection are not mutually
1159
exclusive;
1160
(B) it is technically feasible to permit appropriate access to mineral and energy
1161
resources while preserving nonmineral and nonenergy resources;
1162
(C) resource management planning should seriously consider all available mineral and
1163
energy resources;
1164
(D) the development of the solid, fluid, and gaseous mineral resources of the state and
1165
the renewable resources of the state should be encouraged;
1166
(E) the waste of fluid and gaseous minerals within developed areas should be
1167
prohibited; and
1168
(F) requirements to mitigate or reclaim mineral development projects should be based
1169
on credible evidence of significant impacts to natural or cultural resources;
1170
(ii) the state's support for mineral development provisions within federal land
1171
management plans will be withheld until the appropriate land management plan environmental
1172
impact statement clearly demonstrates:

1173
(A) that the authorized planning agency has:
1174
(I) considered and evaluated the mineral and energy potential in all areas of the
1175
planning area as if the areas were open to mineral development under standard lease
1176
agreements; and
1177
(II) evaluated any management plan prescription for its impact on the area's baseline
1178
mineral and energy potential;
1179
(B) that the development provisions do not unduly restrict access to public lands for
1180
energy exploration and development;
1181
(C) that the authorized planning agency has supported any closure of additional areas
1182
to mineral leasing and development or any increase of acres subject to no surface occupancy
1183
restrictions by adhering to:
1184
(I) the relevant provisions of the Federal Land Policy and Management Act of 1976, 43
1185
U.S.C. Sec. 1701 et seq.;
1186
(II) other controlling mineral development laws; and
1187
(III) the controlling withdrawal and reporting procedures set forth in the Federal Land
1188
Policy and Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
1189
(D) that the authorized planning agency evaluated whether to repeal any moratorium
1190
that may exist on the issuance of additional mining patents and oil and gas leases;
1191
(E) that the authorized planning agency analyzed all proposed mineral lease
1192
stipulations and considered adopting the least restrictive necessary to protect against damage to
1193
other significant resource values;
1194
(F) that the authorized planning agency evaluated mineral lease restrictions to
1195
determine whether to waive, modify, or make exceptions to the restrictions on the basis that
1196
they are no longer necessary or effective;
1197
(G) that the authorized federal agency analyzed all areas proposed for no surface
1198
occupancy restrictions, and that the analysis evaluated:
1199
(I) whether directional drilling is economically feasible and ecologically necessary for
1200
each proposed no surface occupancy area;
1201
(II) whether the directional drilling feasibility analysis, or analysis of other
1202
management prescriptions, demonstrates that the proposed no surface occupancy prescription,
1203
in effect, sterilizes the mineral and energy resources beneath the area; and

1204
(III) whether, if the minerals are effectively sterilized, the area must be reported as
1205
withdrawn under the provisions of the Federal Land Policy and Management Act; and
1206
(H) that the authorized planning agency has evaluated all directional drilling
1207
requirements in no surface occupancy areas to determine whether directional drilling is feasible
1208
from an economic, ecological, and engineering standpoint;
1209
(n) motorized, human, and animal-powered outdoor recreation should be integrated
1210
into a fair and balanced allocation of resources within the historical and cultural framework of
1211
multiple-uses in rural Utah, and outdoor recreation should be supported as part of a balanced
1212
plan of state and local economic support and growth;
1213
(o) off-highway vehicles should be used responsibly, the management of off-highway
1214
vehicles should be uniform across all jurisdictions, and laws related to the use of off-highway
1215
vehicles should be uniformly applied across all jurisdictions;
1216
(p) (i) rights-of-way granted and vested under the provisions of R.S. 2477 should be
1217
preserved and acknowledged;
1218
(ii) land use management plans, programs, and initiatives should be consistent with
1219
both state and county transportation plans developed according to Subsection (3) in order to
1220
provide a network of roads throughout the planning area that provides for:
1221
(A) movement of people, goods, and services across public lands;
1222
(B) reasonable access to a broad range of resources and opportunities throughout the
1223
planning area, including access to livestock, water, and minerals;
1224
(C) economic and business needs;
1225
(D) public safety;
1226
(E) search and rescue;
1227
(F) access for people with disabilities and the elderly;
1228
(G) access to state lands; and
1229
(H) recreational opportunities;
1230
(q) transportation and access provisions for all other existing routes, roads, and trails
1231
across federal, state, and school trust lands within the state should be determined and
1232
identified, and agreements should be executed and implemented, as necessary to fully authorize
1233
and determine responsibility for maintenance of all routes, roads, and trails;
1234
(r) the reasonable development of new routes and trails for motorized, human, and

1235
animal-powered recreation should be implemented;
1236
(s) (i) forests, rangelands, and watersheds, in a healthy condition, are necessary and
1237
beneficial for wildlife, livestock grazing, and other multiple-uses;
1238
(ii) management programs and initiatives that are implemented to increase forage for
1239
the mutual benefit of the agricultural industry, livestock operations, and wildlife species should
1240
utilize all proven techniques and tools;
1241
(iii) the continued viability of livestock operations and the livestock industry should be
1242
supported on the federal lands within the state by management of the lands and forage
1243
resources, by the proper optimization of animal unit months for livestock, in accordance with
1244
the multiple-use provisions of the Federal Land Policy and Management Act of 1976, 43
1245
U.S.C. 1701 et seq., the provisions of the Taylor Grazing Act of 1934, 43 U.S.C. 315 et seq.,
1246
and the provisions of the Public Rangelands Improvement Act of 1978, 43 U.S.C. 1901 et seq.;
1247
(iv) provisions for predator control initiatives or programs under the direction of state
1248
and local authorities should be implemented; and
1249
(v) resource-use and management decisions by federal land management and
1250
regulatory agencies should support state-sponsored initiatives or programs designed to stabilize
1251
wildlife populations that may be experiencing a scientifically demonstrated decline in those
1252
populations; and
1253
(t) management and resource use decisions by federal land management and regulatory
1254
agencies concerning the scenic resources of the state must balance the protection of scenery
1255
with the full management requirements of the other authorized uses of the land under
1256
multiple-use management, and should carefully consider using Visual Resource Management
1257
Class I protection only for areas of inventoried Class A scenery or equivalent.
1258
(9) Notwithstanding any provision of Section
63J-8-105.5
, the state is committed to
1259
establishing and administering an effective statewide conservation strategy for greater sage
1260
grouse.
1261
(10) Nothing contained in this section may be construed to restrict or supersede the
1262
planning powers conferred upon state departments, agencies, instrumentalities, or advisory
1263
councils of the state or the planning powers conferred upon political subdivisions by any other
1264
existing law.
1265
(11) Nothing in this section may be construed to affect any lands withdrawn from the

1266
public domain for military purposes, which are administered by the United States Army, Air
1267
Force, or Navy.
1268
Section 18.
Section
63J-4-603
is amended to read:
1269
63J-4-603. Powers and duties of coordinator and office.
1270
(1) The coordinator and the office shall:
1271
(a) make a report to the Constitutional Defense Council created under Section
1272
[
63C-4-101
]
63C-4a-202
concerning R.S. 2477 rights and other public lands issues under Title
1273
63C, Chapter [4] 4a, Constitutional and Federalism Defense [Council] Act;
1274
(b) provide staff assistance to the Constitutional Defense Council created under Section
1275
[
63C-4-101
]
63C-4a-202
for meetings of the council [and Federalism Subcommittee];
1276
(c) (i) prepare and submit a constitutional defense plan under Section [
63C-4-104
]
1277
63C-4a-403
; and
1278
(ii) execute any action assigned in a constitutional defense plan;
1279
(d) under the direction of the state planning coordinator, assist in fulfilling the state
1280
planning coordinator's duties outlined in Section
63J-4-401
as those duties relate to the
1281
development of public lands policies by:
1282
(i) developing cooperative contracts and agreements between the state, political
1283
subdivisions, and agencies of the federal government for involvement in the development of
1284
public lands policies;
1285
(ii) producing research, documents, maps, studies, analysis, or other information that
1286
supports the state's participation in the development of public lands policy;
1287
(iii) preparing comments to ensure that the positions of the state and political
1288
subdivisions are considered in the development of public lands policy;
1289
(iv) partnering with state agencies and political subdivisions in an effort to:
1290
(A) prepare coordinated public lands policies;
1291
(B) develop consistency reviews and responses to public lands policies;
1292
(C) develop management plans that relate to public lands policies; and
1293
(D) develop and maintain a statewide land use plan that is based on cooperation and in
1294
conjunction with political subdivisions; and
1295
(v) providing other information or services related to public lands policies as requested
1296
by the state planning coordinator;

1297
(e) facilitate and coordinate the exchange of information, comments, and
1298
recommendations on public lands policies between and among:
1299
(i) state agencies;
1300
(ii) political subdivisions;
1301
(iii) the Office of Rural Development created under Section
63M-1-1602
;
1302
(iv) the Resource Development Coordinating Committee created under Section
1303
63J-4-501
;
1304
(v) School and Institutional Trust Lands Administration created under Section
1305
53C-1-201
;
1306
(vi) the committee created under Section
63F-1-508
to award grants to counties to
1307
inventory and map R.S. 2477 rights-of-way, associated structures, and other features; and
1308
(vii) the Constitutional Defense Council created under Section [
63C-4-101
]
1309
63C-4a-202
;
1310
(f) perform the duties established in Title 9, Chapter 8, Part 3, Antiquities, and Title 9,
1311
Chapter 8, Part 4, Historic Sites;
1312
(g) consistent with other statutory duties, encourage agencies to responsibly preserve
1313
archaeological resources;
1314
(h) maintain information concerning grants made under Subsection (1)(j), if available;
1315
(i) report annually, or more often if necessary or requested, concerning the office's
1316
activities and expenditures to:
1317
(i) the Constitutional Defense Council; and
1318
(ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
1319
Committee jointly with the Constitutional Defense Council;
1320
(j) make grants of up to 16% of the office's total annual appropriations from the
1321
Constitutional Defense Restricted Account to a county or statewide association of counties to
1322
be used by the county or association of counties for public lands matters if the coordinator,
1323
with the advice of the Constitutional Defense Council, determines that the action provides a
1324
state benefit;
1325
(k) provide staff services to the Snake Valley Aquifer Advisory Council created in
1326
Section
63C-12-103
; and
1327
(l) coordinate and direct the Snake Valley Aquifer Research Team created in Section

1328
63C-12-107
.
1329
(2) The coordinator and office shall comply with Subsection [
63C-4-102
]
1330
63C-4a-203
(8) before submitting a comment to a federal agency, if the governor would be
1331
subject to Subsection [
63C-4-102
]
63C-4a-203
(8) if the governor were submitting the material.
1332
(3) The office may enter into a contract or other agreement with another state agency to
1333
provide information and services related to:
1334
(a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and
1335
Classification Act;
1336
(b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and
1337
Classification Act, or R.S. 2477 matters; or
1338
(c) any other matter within the office's responsibility.
1339
Section 19.
Section
67-5-1
is amended to read:
1340
67-5-1. General duties.
1341
The attorney general shall:
1342
(1) perform all duties in a manner consistent with the attorney-client relationship under
1343
Section
67-5-17
;
1344
(2) except as provided in Sections
10-3-928
and
17-18-1
, attend the Supreme Court
1345
and the Court of Appeals of this state, and all courts of the United States, and prosecute or
1346
defend all causes to which the state, or any officer, board, or commission of the state in an
1347
official capacity is a party; and take charge, as attorney, of all civil legal matters in which the
1348
state is interested;
1349
(3) after judgment on any cause referred to in Subsection (2), direct the issuance of
1350
process as necessary to execute the judgment;
1351
(4) account for, and pay over to the proper officer, all money that comes into the
1352
attorney general's possession that belongs to the state;
1353
(5) keep a file of all cases in which the attorney general is required to appear, including
1354
any documents and papers showing the court in which the cases have been instituted and tried,
1355
and whether they are civil or criminal, and:
1356
(a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to
1357
judgment, a memorandum of the judgment and of any process issued whether satisfied, and if
1358
not satisfied, the return of the sheriff;

1359
(b) if criminal, the nature of the crime, the mode of prosecution, the stage of
1360
proceedings, and when prosecuted to sentence, a memorandum of the sentence and of the
1361
execution, if the sentence has been executed, if not executed, of the reason of the delay or
1362
prevention; and
1363
(c) deliver this information to the attorney general's successor in office;
1364
(6) exercise supervisory powers over the district and county attorneys of the state in all
1365
matters pertaining to the duties of their offices, and from time to time require of them reports of
1366
the condition of public business entrusted to their charge;
1367
(7) give the attorney general's opinion in writing and without fee to the Legislature or
1368
either house, and to any state officer, board, or commission, and to any county attorney or
1369
district attorney, when required, upon any question of law relating to their respective offices;
1370
(8) when required by the public service or directed by the governor, assist any county,
1371
district, or city attorney in the discharge of his duties;
1372
(9) purchase in the name of the state, under the direction of the state Board of
1373
Examiners, any property offered for sale under execution issued upon judgments in favor of or
1374
for the use of the state, and enter satisfaction in whole or in part of the judgments as the
1375
consideration of the purchases;
1376
(10) when the property of a judgment debtor in any judgment mentioned in Subsection
1377
(9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
1378
taking precedence of the judgment in favor of the state, redeem the property, under the
1379
direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
1380
pay all money necessary for the redemption, upon the order of the state Board of Examiners,
1381
out of any money appropriated for these purposes;
1382
(11) when in his opinion it is necessary for the collection or enforcement of any
1383
judgment, institute and prosecute on behalf of the state any action or proceeding necessary to
1384
set aside and annul all conveyances fraudulently made by the judgment debtors, and pay the
1385
cost necessary to the prosecution, when allowed by the state Board of Examiners, out of any
1386
money not otherwise appropriated;
1387
(12) discharge the duties of a member of all official boards of which the attorney
1388
general is or may be made a member by the Utah Constitution or by the laws of the state, and
1389
other duties prescribed by law;

1390
(13) institute and prosecute proper proceedings in any court of the state or of the
1391
United States, to restrain and enjoin corporations organized under the laws of this or any other
1392
state or territory from acting illegally or in excess of their corporate powers or contrary to
1393
public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
1394
and wind up their affairs;
1395
(14) institute investigations for the recovery of all real or personal property that may
1396
have escheated or should escheat to the state, and for that purpose, subpoena any persons
1397
before any of the district courts to answer inquiries and render accounts concerning any
1398
property, examine all books and papers of any corporations, and when any real or personal
1399
property is discovered that should escheat to the state, institute suit in the district court of the
1400
county where the property is situated for its recovery, and escheat that property to the state;
1401
(15) administer the Children's Justice Center as a program to be implemented in
1402
various counties pursuant to Sections
67-5b-101
through
67-5b-107
;
1403
(16) assist the Constitutional Defense Council as provided in Title 63C, Chapter [4] 4a,
1404
Constitutional and Federalism Defense [Council] Act;
1405
(17) pursue any appropriate legal action to implement the state's public lands policy
1406
established in [Subsection
63C-4-105
(1)] Section
63C-4a-103
;
1407
(18) investigate and prosecute violations of all applicable state laws relating to fraud in
1408
connection with the state Medicaid program and any other medical assistance program
1409
administered by the state, including violations of Title 26, Chapter 20, False Claims Act;
1410
(19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
1411
at:
1412
(a) health care facilities that receive payments under the state Medicaid program; and
1413
(b) board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
1414
Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility; and
1415
(20) (a) report at least twice per year to the Legislative Management Committee on any
1416
pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
1417
(i) cost the state more than $500,000; or
1418
(ii) require the state to take legally binding action that would cost more than $500,000
1419
to implement; and
1420
(b) if the meeting is closed, include an estimate of the state's potential financial or other

1421
legal exposure in that report.
1422
Section 20. Dissolution of Federalism Subcommittee.
1423
(1) The Federalism Subcommittee is dissolved on the effective date of this bill.
1424
(2) All appointments to the Federalism Subcommittee end on the effective date of this
1425
bill.
1426
(3) This Section 20 of this bill is repealed on December 31, 2013.
1427
Section 21. Appropriation.
1428
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
1429
the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following sums of money
1430
are appropriated from resources not otherwise appropriated, or reduced from amounts
1431
previously appropriated, out of the funds or accounts indicated. These sums of money are in
1432
addition to any amounts previously appropriated for fiscal year 2013.
1433
ITEM 1 To General Fund Restricted - Constitutional Defense Restricted Account
1434
From General Fund, One-time